| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP3 06/076 |
Declarations of interest. |
There were no declarations of interest made. |
| AP3 06/077 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 3 Planning Committee held on 27 July 2006 be approved as a correct record and signed by the Chairman. |
| DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION | ||
| AP3 06/078 |
Development Control |
Decisions were taken on the following applications subject to the prerequisites, informatives, conditions or reasons for refusal set out in the report of the Director of Planning and Transportation, or to the variations indicated below. Members of the public addressed the meeting where the required notice had been given and their comments were taken into account by the Committee when determining the applications. Speakers are listed under the relevant planning applications shown below. |
| AP3 06/079 |
TM/06/00981/OA - 93 Holborough Road, Snodland |
Outline application for construction of a 1 bedroom bungalow with parking space at 93 Holborough Road, Snodland RESOLVED: That the application be APPROVED subject to the addition of condition 11. No development shall be commenced until: (a) a site investigation has been undertaken to determine the nature and extent of any contamination, and (b) the results of the investigation, together with an assessment by a competent person and details of a scheme to contain, treat or remove any contamination, as appropriate, have been submitted to and approved by the Local Planning Authority. The assessment and scheme shall have regard to the need to ensure that contaminants do not escape from the site to cause air and water pollution or pollution of adjoining land. The scheme submitted pursuant to (b) shall include details of arrangements for responding to any discovery of unforeseen contamination during the undertaking of the development hereby permitted. Such arrangements shall include a requirement to notify the Local Planning Authority of the presence of any such unforeseen contamination. Prior to the first occupation of the development or any part of the development hereby permitted (c) the approved remediation scheme shall be fully implemented insofar as it relates to that part of the development which is to be occupied, and (d) a Certificate shall be provided to the Local Planning Authority by a responsible person stating that remediation has been completed and the site is suitable for the permitted end use. Thereafter, no works shall take place within the site such as to prejudice the effectiveness of the approved scheme of remediation. Reason: In the interests of amenity and public safety. |
| AP3 06/080 |
TM/06/01397/RD - 40 Upper Mill, East Malling |
Details of external materials, window design, ragstone walls and replacement chimney submitted pursuant to conditions 2, 5, 6 and 10 of planning permission TM/05/03518/FL: Two storey rear extension, internal alterations and front porch at 40 Upper Mill, East Malling RESOLVED: That the application be APPROVED subject to the deletion of Informative 1. [Speakers: Mr R Brookes on behalf of East Malling Conservation Group and Mr N West - Applicant] |
| AP3 06/081 |
TM/05/03699/FL - Corio Farm, 450 Wateringbury Road, East Malling |
Change of use of farm buildings (in part retrospective) to a combination of B1; B2 and B8 uses at Corio Farm, 450 Wateringbury Road, East Malling RESOLVED: That the application be REFUSED for the following reasons:- 1. The development results in an adverse impact on the visual and rural appearance of this site. As such the development would be contrary to policies P6/14 of the Tonbridge and Malling Borough Local Plan 1998 and SS8 and QL1 of the Kent & Medway Structure Plan 2006. 2. The development results in a detrimental impact on the residential amenity of the nearby dwellings, due to noise disturbance from vehicle movements, operations within the open storage areas and from activities carried out from within the buildings. The Local Planning Authority is not satisfied that these concerns could be adequately overcome through the imposition of appropriate conditions. As such the development would be contrary to policies P6/14 and P3/17 of the Tonbridge and Malling Borough Local Plan 1998 and SS8 of the Kent & Medway Structure Plan 2006. [Speakers: Mrs E Clark and Ms H Copeland - members of the public and Mr C King on behalf of the applicant] |
| AP3 06/082 |
TM/06/01911/FL - Mill Hall Business Estate, Mill Hall, Aylesford |
Variation of condition 1 of planning permission TM/03/2052FL (Variation of condition 4 of planning permission TM/83/0119 and condition 2 of planning permission TM/02/02379/FL to allow use of the buildings within the business estate within revised hours of 0600-2200 on Mondays to Fridays and 0600-1400 on Saturdays) to allow for the permanent extension of hours of use at Mill Hall Business Estate, Mill Hall, Aylesford RESOLVED: That the application be DEFERRED [Speakers: Mrs S Bernasconi and Mr J Brookes - members of the public and Mr C Atkinson - Agent for the applicant] |
| AP3 06/083 |
TM/06/00183/FL - Land At 94, 96 And 108 Mill Street, East Malling |
Proposed residential development comprising the demolition of three existing properties and erection of twenty four residential properties with associated access, car parking provision and landscaping at land at 94, 96 and 108 Mill Street, East Malling RESOLVED: That the Planning Inspectorate be advised that, had the applicant not appealed against non-determination, the Local Planning Authority would have REFUSED Planning Permission for the following reasons: 1. The proposal by reason of its suburban layout and form would create an undesirable form of development, out of keeping with the character of this village location and contrary to the aims of Tonbridge & Malling Borough Local Plan 1998 and the East Malling Village Design Statement. 2. The site the subject to the application lies adjacent to a Conservation Area. The proposed development would not respect the setting of the Conservation Area or views into or out of it. As such the proposal is contrary to policy P4/4 of the Tonbridge and Malling Borough Local Plan 1998 and the East Malling Conservation Area Appraisal. [Speakers: Mr R Brookes on behalf of himself and the East Malling Conservation Group and Mr E Cole - members of the public] |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP3 06/084 |
06/00232/215 - 1 High Street, East Malling |
The Director of Planning and Transportation's report provided an update on the deteriorating physical state of the premises at 1 High Street, East Malling and outlined action taken to date by the Building Control Section. Members were referred to the report of the Chief Solicitor contained in the private section of the agenda. RESOLVED: That the report be received and noted. |
| AP3 06/085 |
List D |
The Director of Planning and Transportation submitted a list of applications determined since the date of the previous meeting. RESOLVED: That the report be received and noted. |
| AP3 06/086 |
Planning Appeal Decisions |
The Chief Solicitor submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| AP3 06/087 |
Forthcoming Hearings and Inquiries |
The Chief Solicitor presented details of the arrangements for forthcoming Public Inquiries and Hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP3 06/088 |
Exclusion of Press and Public |
The Chairman moved, it was seconded and RESOLVED: That, as public discussion would disclose exempt information, the following matters be considered in private. |
| PART 2 - PRIVATE | ||
| MATTERS FOR RECOMMENDATION TO THE CABINET | ||
| AP3 06/089 |
Covenant Release Fee - Garden Land to rear of 5 Mill Street, East Malling (Reason: LGA 1972 - Sch 12A Paragraph 3 - Financial or business affairs of any particular person) |
The report of the Central Services Director gave details of the background to and a proposed mechanism for releasing the covenant on garden land to allow for the development of a dwelling. RECOMMENDED: That the covenant release fee and terms set out in the report be accepted by the Council to allow for the development of the site. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP3 06/090 |
Alleged Unauthorised Development 06/00232/215 at 1 High Street, East Malling (Reason: LGA 1972 - SCh 12A Paragraph 5 - Legal Advice) |
The Chief Solicitor's report set out details of the variety of powers available to the Council for the control of private property. RESOLVED: That the report be received and noted. |